New ruling could thwart rules on short-term rentals

By Brent Ruffner | Your Valley

A new Arizona Supreme Court opinion could limit homeowners association restrictions on such things as short-term rentals in different areas, according to some local legal experts.

The opinion, filed March 22, was issued by Superior Court Judge Janet C. Bostick of Pima County, who wrote that the tools used to amend rules of covenants, conditions and restrictions — or CC&Rs — of an HOA could be limited depending on the circumstances.

The opinion was part of an Arizona Supreme Court case Maarten Kalway v. Calabria Ranch HOA and several others.

“Simply stated, the gist of paragraph 17 (from Judge Bostick’s opinion) is that the scope of the topics that can be used to amend CC&Rs may be limited in some circumstances depending on what is contained and foreseeable from the original (rules),” said Julie Pace, a Paradise Valley councilor and attorney.

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